Partly allowed

Smt. Priya @ Karishma v. Rahul Kumar

Allahabad HC4 Nov 2024TACL/761/2024

Case brief

AI extract

What is this about?

Citing established precedents on transfer in matrimonial disputes, the Court held that a prima facie case for transfer exists due to inconvenience but reserved final opinion after issuing notice to the respondent. The application was adjourned to allow filing of counter affidavit and rejoinder before next hearing.

What did the court decide?

Notice to opposite party issued; four weeks for counter affidavit and two weeks for rejointer; proceedings stayed; remanded in same court.

Smt. Priya @ Karishma vs Rahul Kumar — Matrimonial and Divorce | Allahabad HC (2024)

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Court No. - 36

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Case :- TRANSFER APPLICATION (CIVIL) No. - 761 of 2024

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Applicant :- Smt. Priya @ Karishma Opposite Party :- Rahul Kumar Counsel for Applicant :- Anita Mishra,Swadesh Kumar Yadav

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Hon'ble Kshitij Shailendra,J.

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Lawyers are abstaining from work today.

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None appears to press this application, however, the Court has perused the matter before it.

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The present application has been filed seeking transfer of Divorce Petition No. 643 of 2023, under Section 13 of Hindu Marriage Act from the court of Principal Judge, Family Court, Kannauj to the competent court at Prayagraj (Allahabad).

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The transfer has been sought citing inconvenience of the applicant.

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In view of the decisions of Supreme Court in the cases of Rajni Kumari v. Raghvinder Sahay alias Babu, (2011) 11 SCC 176, Anjali Ashok Sadhwani v. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374, Fatema v. Jafri Syed Husain (Parvez), AIR 2009 SC 1773, Mona Aresh Goel vs. Aresh Satya Goel , (2000) 9 SCC 255, Sumita Singh vs. Kumar Sanjay and another, (2001) 10 SCC 41 and Vaishali Shridhar Jagtap vs. Shridhar Vishwanath Jagtap , (2016) 14 SCC 356, prima facie case for indulgence stands made out, however, final opinion regarding transfer of the concerned case shall be made only after hearing the other side.

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Issue notice to the opposite party. Steps be taken by ordinary post as well as by registered speed post within ten days. In case, steps are not taken, the case shall be listed under Chapter XII Rule 4 of the High Court Rules.

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